Pope v. Department of Motor Vehicles

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Pope v. Department of Motor Vehicles

Case Number
S-21-0206
Call Date
December 3, 2021
Case Time
9:00 AM
Court Number
Clay
Case Location
Lincoln
Court Type
District Court
Case Summary

S-21-0206, Colt M. Pope (Appellant) v. Department of Motor Vehicles

District Court for Clay County, Hon. Stephen R. Illingworth

Attorneys:                  T. Charles James (Langvardt Valle & James);

Douglas J. Peterson, Attorney General, and Milissa Johnson-Wiles, Assistant Attorney General

Civil:                           Administrative License Revocation

Proceedings below:   District court dismissed Appellant’s appeal of administrative license revocation after it determined that sworn report met jurisdictional requirements and that procedures employed by Appellee were within its statutory authority.

Issues: 1) Whether sworn report established prima facie case and conferred jurisdiction on Appellee to revoke license when Appellant provided a copy of sworn report that had been signed  by arresting officer but had not been notarized; 2) whether the director of the Appellee had authority under statute or Department rules to “continue” or “reopen” hearing for additional evidence after hearing officer had made recommendation to dismiss for lack of proper sworn report; and 3) whether procedure employed by the Appellee violated due process.

Schedule Code
SC